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HTMLPennsylvania Superior Court Holds that Reservation of Rights Letter was Ineffective where it was Untimely and Not Specifically Addressed to the Additional Insured.
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 12, 2015, previously published on April 21, 2015
In this unprecedented and highly impactful case, the Pennsylvania Superior Court held that two separate reservation of rights ("ROR") letters were ineffective as to an additional insured, where they were addressed to the named insureds, and were sent seven months after the underlying...

 

HTMLProof of Loss Untimely When Not Provided Within Extension of Time Granted By Property Insurer: Court Grants Insurer's Motion to Dismiss
Mark Ian Binsky; Abrams, Gorelick, Friedman & Jacobson, LLP;
Legal Alert/Article
May 12, 2015
In a breach of contract action concerning first party property insurance coverage, the Honorable Eileen A. Rakower granted the defendant insurer's pre-answer motion to dismiss a Complaint which sought coverage for vandalism damage to commercial property. The Court held that the insureds had...

 

HTMLVirginia auto insurer not subject to personal jurisdiction in New Jersey; Court dismisses UM insurer's Third-party Complaint seeking reformation of the policy
Jay S. Gunsher, Dennis J. Monaco; Abrams, Gorelick, Friedman & Jacobson, LLP;
Legal Alert/Article
May 12, 2015
A New Jersey Court dismissed a Third-party action against a foreign insurer for claims arising out of a motor vehicle accident in New Jersey. The insurer demonstrated that it did not have such "minimum contacts" with the State as to subject itself to the Court's jurisdiction.

 

Adobe PDFFDIC Proposal on Deposit Account Records and Failed Bank Deposit Insurance Determination
Whitney A. Chatterjee, H. Rodgin Cohen, Elizabeth T. Davy, Mitchell S. Eitel, Michael T. Escue; Sullivan & Cromwell LLP;
Legal Alert/Article
May 11, 2015, previously published on April 30, 2015
On April 28, 2015, the Federal Deposit Insurance Corporation (the “FDIC”) published in the Federal Register an advance notice of proposed rulemaking (the “ANPR”) proposing new recordkeeping standards and deposit insurance calculation requirements for certain FDIC-insured...

 

HTMLPrivacy Risks In Connected Cars - Much Ado About Nothing?
Adrian Liu; Borden Ladner Gervais LLP;
Legal Alert/Article
May 7, 2015, previously published on April 23, 2015
On March 25, 2015, the BC Freedom of Information and Privacy Association (FIPA) released a report highlighting privacy challenges in something that rivals smartphones in ubiquity: cars. The 123-page report, entitled The Connected Car: Who’s in the Driver’s Seat?, examines the complex...

 

HTMLOng. v. Fire Ins. Exchange (2D Dist. Ct. App. 2015) ---------Cal.App.4th ----, 2015 DJAR 3811, Case No. B252773
McCormick Barstow Sheppard Wayte Carruth LLP;
Legal Alert/Article
May 7, 2015
Plaintiff, Hung Van Ong, bought the subject property from his brother, Eugene Ong, in 2007. Gas and electric utilities were turned off in February 2010 after the last tenants moved out. On December 20, 2011, Eugene Ong submitted a claim to Fire Insurance Exchange ("FIE"), on behalf of his...

 

HTMLIn Non-precedential Case, Third Circuit Affirms Fracking Trade Secrets Trump Physician’s Right to Know, Absent Actual Harm
Michael J. Cawley, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 6, 2015, previously published on April 13, 2015
Fracking in Pennsylvania continues to create work for the courts. On March 16, 2015, in a non-precedential opinion in Rodriguez v. Secretary of Pennsylvania Environmental Protection of PA et al., the Third Circuit issued a ruling concerning whether a Pennsylvania doctor had standing to challenge...

 

HTMLFlorida Office of Insurance Regulation Publishes Annual Property and Casualty Underwriting Profit and Contingency Rate Filing Factors
Colodny Fass P.A.;
Legal Alert/Article
May 6, 2015, previously published on April 27, 2015
Pursuant to Rule 69O-170.003, Florida Administrative Code, the Florida Office of Insurance Regulation annually establishes underwriting profit and contingency factors that may be used in rate filings.

 

HTMLInsurance Policy Void Ab Initio where not Owner Occupied.
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 1, 2015, previously published on March 2015
On August 2, 2011, Mr. and Mrs. Harris purchased real property located at 2700 Classen Avenue, Baltimore, Maryland in a foreclosure sale for $7,500. Approximately nine months later, the Harris’ contacted Jayne Clark, an insurance agent working with Encompass Home and Auto Ins. Co., through...

 

HTMLOmnibus Insurance Clause Does Not Cover Second Permittee.
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 1, 2015, previously published on March 2015
In February 2008, Plaintiff was struck by a vehicle being operated by Abdulkhalek, but owned by Alan Dwyer. Mr. Dwyer had purchased the vehicle for the use of his 34-year old daughter, Karen Dwyer (“Daughter”) who suffered from Lupus, and her three (3) children.

 


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